Goods received not as described

[Foolishly]

Was wondering does the sale of goods act cover items that have been purchased but when received are not as described.

 

Im referring to a coat which was purchased from a kids clothing store that also sells goods online based in the uk, its not a major retailer but sells kids designer brands.

The item was listed as 12Y (age 12) and did cost 240.00

it was paid for using the stores payment plan,

weekly payments are made until the item is paid for in full then they post out your item.

 

Its was for a girl just who has just turned 12 in April 2020.

When the coat arrived yesterday the size stated on the label is Youth Small which is not a uk size (12y is nowhere on any garment label).  

The sizes stated on the labels are based on the childs measurements as they are us/international sizes and not UK child sizes which are mainly based on the age group.

 

After researching the size charts and comparing the UK to US and other international countries  

it appears I am correct and a youth small (although slight measurement differences occur) would fit the UK average age 10 years,

(the labels could also state US 12 or us alpha 10-12 but all the same UK Age 10).

 

Contact was made with the store regarding the issue, the reply read; 

"I am sorry the jacket is too small. The size small is a size 12y. See sizing from the Official Parajumpers site."

 

Ive already looked on the site  and it doesnt have ages just measurements as they are not based on ages.

Surely the store should  not be listing clothing for sale without stating the correct actual size as it is stated on the label of the garment and should mention if necessary how these sizes are calculated (by measurements) so the correct size can be ordered.

 

As the coat was purchased using their payment plan their returns policy does state no returns allowed on payment plan garments. Which fair enough but what if they are at fault.

 

Sorry to waffle, does it look like they have sold goods not as described?

No ones asking  to receive a refund just the error corrected and the UK age 12 equivalent sent ( youth large or US 14).

 

Any advice appreciated 

 

 

 

 

 

[dx100uk]

sale of goods act went in 2015.....

 

it now CRA.

 

as this was an online order 

you have 14 days to to demand a full refund without any reason

you have 30days to reject it if faulty and demand a full refund

 

off you go.

they can't agrue 

 

dx

 

 

 

[Foolishly]

Thanks, appreciated, top advice as always.

 

Will send them a further reply now.

 

[BankFodder]

What store is this? Did you buy it online?

It seems an extraordinary arrangement that effectively you make interest-free loans to the company and when you have eventually paid them enough money, they then reimburse you by sending you the goods.

If you bought the item online then you don't need to rely on the sale by description provisions of the consumer rights act. You have a 14 day cooling off period anyway under the most recent distance selling rules. Inform them in writing that you are returning the item, get an RMA number and send it off quickly. Make sure that you have got full receipts for the sending off, photographs of condition et cetera et cetera.

[Foolishly]

Yes bought on line

they do have an actual store as well but its approx 230 miles from home,  Its a childrens boutique.

 

The principle is you reserve an item and pay a deposit,

the balance is then placed on weekly payment plan its similar to a mothercare baby plan 

(when it was a major brand a longtime ago) and used to also be called layaway plan,

 

they dont have any charges applied for this method of payment,

unlike the new payment methods Klarna,

Clearpay who obviously charge the retailer.

The goods are over priced not just that store same for any other branded product elsewhere .

 

I sent a further email last night but they have not replied,

ive prepared the parcel,

ill notify them I am returning (would have settled for a size exchange, but requesting a full refund and wont be browsing there again)

 

sending it back tomorrow, retaining the postage proof, which I will also send a copy to them.

 

As I now understand it, (thanks to both of you for clarifying) if you purchase and pay for goods online you do have 14 days from when you receive the goods to reject and return the goods for a full refund, so thats my plan of action, ty again

[dx100uk]

because you could inspect them in the shop.

 

for further clarity,

should you be outside of 14 days

if the items be faulty, that also gives extends your short-term right to a total of 30 days, no is allowed quibble on either timelimit.

[Foolishly]

Thanks for the advice, finally received my refund, however the cheeky sods refunded through echeck with paypal, so its still pending, but im hopeful it will clear